This purchase and sale agreement (hereinafter referred to as the agreement) is a public agreement concluded at a distance and at the same time a public offer - a proposal by the seller to conclude a public agreement for the purchase and sale of goods by means of distance communication, i.e. through the seller's online store, which is located at: https://blastoutstudio.com/ with any interested party in accordance with the terms and conditions set forth in this agreement.
- Terms and concepts. General provisions
1.1 The terms and concepts contained in the Agreement are used in the following meaning:
Website - the website of the seller's online store, located on the Internet at the address: https://blastoutstudio.com/ including all its web pages.
Seller – Individual entrepreneur Burkovskaya Maria Maksymivna TIN: 3755009588 Ukraine, 01001, Kyiv region, Kyiv, Olhynska st., 6. burkovskayamaria3@gmail.com Tel: +38(096)-825-73-57
Buyer – any capable individual who has reached the age of eighteen, a legal entity, an individual entrepreneur who intends to place and/or places an order on the website for the purpose of purchasing goods.
Goods - a list of goods published on the website that, under the terms of this agreement, is offered for sale at a distance, using means of distance communication through the seller's online store.
Public contract - a contract under which the seller undertakes to sell goods to anyone who contacts him on the terms provided for by this contract.
Public offer – a public offer by the seller to an unspecified group of persons to conclude an electronic contract for the purchase and sale of goods at a distance using the seller's online store on the terms and conditions specified by the seller.
Acceptance is the buyer's full and unconditional consent to the seller's offer to conclude a public contract on the terms and conditions stipulated by the public contract, by the buyer taking an action stipulated by this contract aimed at accepting the terms of the public offer.
Order – a properly executed and placed request from the buyer to purchase the goods selected by him/her via the website or by sending it to the seller's e-mail.
A significant defect is a defect that makes it impossible or unacceptable to use the product for its intended purpose, arose through the fault of the manufacturer (seller), after its elimination appears again for reasons beyond the buyer's control and is endowed with at least one of the following features:
A) it cannot be eliminated at all;
B) its elimination requires more than fourteen calendar days;
C) he makes the goods significantly different from what is stipulated in the contract.
Defect - any non-compliance of the goods with the requirements of regulatory legal acts and regulatory documents, the terms of this contract or the requirements imposed on it, as well as information about the goods provided by the manufacturer (seller).
1.2 This contract is a public contract in accordance with Article 633 of the Civil Code of Ukraine, the terms of which are set the same for all buyers.
1.3 This agreement is posted on the website and is a public offer in accordance with Article 633 of the Civil Code of Ukraine.
1.4 This contract is an accession contract in accordance with Article 634 of the Civil Code of Ukraine, i.e. such a contract that can be concluded only by the buyer joining the proposed contract as a whole. The buyer cannot offer his own terms of the contract.
1.5 The Seller reserves the right to limit the quantity of the Product offered for sale through the Site. All product descriptions may be changed by the Seller at any time without notice and at its sole discretion. The Seller reserves the right to discontinue the production of any Product at any time.
1.6. The image of the product posted on the site may differ from the actual appearance of the product. The seller cannot guarantee the accuracy of the display of colors and textures on the display of each technical device. The seller does not guarantee that the quality of the purchased product meets your expectations. The description and characteristics of the product specified on the site do not contain exhaustive information about the product and may contain typos. The buyer can obtain full information about the product of interest by contacting the seller. Information about the means of communication with the seller is posted on the site.
1.7. The price of the goods and the cost of delivery are indicated on the website in the relevant sections, and are also additionally displayed when placing an order and in the electronic message confirming the order.
1.8. By concluding the contract, the buyer confirms that he is fully and completely familiar with and agrees with its terms. In addition, by concluding this contract, the buyer confirms that he is familiar with (without additional notice) the rights established by the Law of Ukraine "On Personal Data Protection", about the purposes of data collection. The scope of the buyer's rights, as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection", is known and understood by him.
1.9. This agreement is considered concluded from the moment the order is placed by the buyer in accordance with Section 4 of this agreement.
- Subject of the contract
2.1 Under the terms and in the manner specified in this agreement, the seller undertakes to transfer ownership of the goods to the buyer based on the order placed by the buyer on the website, and the buyer undertakes to pay for and accept the goods under the terms of this agreement.
2.2 The right of ownership of the goods shall be transferred to the buyer at the time of acceptance of the goods by the buyer under the terms established by this contract.
2.3 The seller guarantees that the goods are not pledged, are not the subject of a dispute, are not under arrest, and that there are no third party rights to them.
2.4. The Seller has the right to unilaterally suspend the performance of obligations under this Agreement in the event of the Buyer's violation of the terms of this Agreement.
- Procedure for accepting an offer to conclude a contract
3.1 The buyer's acceptance of the offer to conclude this agreement is carried out by placing an order for goods in the online store on the terms specified in this agreement.
- Order processing procedure
4.1 The buyer independently selects the goods on the website and adds the selected goods to the virtual "basket" by clicking the "add to cart" button.
4.2 After clicking the "proceed to payment" button, the buyer fills out the order form, indicating his name, surname, e-mail, telephone number, delivery method, delivery address, payment method and other data necessary for the seller to fulfill his obligations under the contract.
4.3 By clicking the "Place an order" button, the buyer agrees to all the terms of this agreement, and also confirms that he has received comprehensive information about the product, its main characteristics, price, cost and delivery terms.
4.4 The buyer has the right to place an order by sending an email to the e-mail address posted on the website.
4.5 The order is considered to be placed after performing the actions provided for in clauses 4.1. and 4.2. of this agreement and by clicking the "place order" button or by performing the action provided for in clause 4.4 of this agreement.
- Order processing and confirmation
5.1. The seller's order confirmation period is up to 2 (two) business days from the moment of its registration. If the seller needs additional time to confirm the order, such period is agreed with the buyer additionally. If the order is placed on a weekend or holiday, the confirmation period begins on the first business day after the weekend/holiday.
5.2. The seller confirms the order by sending an e-mail (electronic message) to the e-mail address specified by the buyer when placing the order, indicating the main characteristics of the product, the serial number of the order for the product assigned by the seller, the price of the product, its quantity, the cost of delivery, information about the delivery time of the product ordered by the buyer (if the buyer ordered the product with delivery).
5.3. In the event of impossibility of fulfilling a confirmed order due to the absence of the ordered goods, the seller shall immediately notify the buyer, but no later than 10 (ten) days from the date of placing the order.
- Registration on the website
6.1. Registration on the site can be done in the "my account" section.
6.2. Registration on the site is not mandatory to place an order.
6.3. When registering on the site, the buyer undertakes to provide reliable and accurate information about himself and his contact details, in order for the seller to fulfill his obligations to the buyer and deliver the goods to him.
6.4. The Buyer undertakes not to disclose to third parties the login and password specified by the Buyer during registration.
6.5. The Buyer is fully responsible for the safety and security of the login and password specified by him when registering on the site.
6.6. The buyer is solely responsible for all actions taken on his behalf, i.e. using his login and password.
- Product price and payment procedure
7.1. The price of the goods is indicated on the website for each unit of goods separately and includes taxes. The Seller is not a VAT payer.
7.2. All prices for goods are indicated in the national currency of Ukraine - hryvnia. Prices for goods may additionally (for informational purposes) be indicated in US dollars or other foreign currency, however, all payments for goods are made in hryvnia. In the case of payment from the buyer's account opened in foreign currency, depending on the fluctuations in the exchange rate set by the National Bank of Ukraine, the amount of funds actually debited from such an account may differ from the price of the goods indicated on the website. All costs associated with commissions and other fees that will be charged by the bank for converting foreign currency are borne by the buyer.
7.3. Payment for the goods is made on the terms of 100 (one hundred)% prepayment in a non-cash manner using bank cards in accordance with the rules of the relevant payment system immediately after the buyer selects the goods.
7.4. The choice of payment system is determined by the buyer independently and is indicated when placing an order for the goods. When paying for the order by the buyer, an additional fee may be charged by the issuer of the buyer's payment card, in particular but not exclusively by issuers of visa, mastercard, visa electron, mastercard electronic, maestro cards.
- Delivery time, cost and terms of the order
8.1. Delivery of goods is carried out within the territory of Ukraine or beyond its borders with the help of third parties (delivery service, logistics company, etc. at the seller's choice).
8.2. If the goods selected by the buyer are available in the seller's warehouse, the processing and preparation period for sending the order by the seller is up to 4 (four) business days from the moment of its placement. If the order is placed on a weekend or holiday, the preparation period begins on the first business day after the weekend.
8.3. Regardless of the chosen method of delivery of the goods, the seller's obligations to deliver the goods are considered to be fulfilled in full from the moment the goods are transferred to the relevant transport company or delivery service.
8.4. Delivery is carried out in accordance with the terms and conditions of the relevant delivery service, logistics company, etc.
8.5. The Buyer fully and unconditionally agrees with the rules of transportation of goods by delivery services.
8.6. The goods are transferred to the buyer upon presentation of a document identifying the person receiving the goods.
8.7. Delivery of goods within Ukraine is paid by the buyer.
8.8. The costs of returning the goods to the seller, including when exchanging them, are paid by the seller in accordance with the tariffs of the delivery service chosen by the buyer.
8.9. The cost of delivery outside Ukraine is determined automatically when placing an order after specifying the delivery method and delivery location, and is also additionally indicated in the electronic message confirming the order.
8.10. When delivering goods outside Ukraine, the buyer pays customs duties, in the amount and in the manner prescribed by the legislation of the country to which the delivery is made, directly to the postal service courier at the time of receipt of the order or in another way convenient for the buyer. More details about the terms of delivery outside Ukraine https://blastoutstudio.com/pages/shipping-and-returns
- Procedure for accepting goods
9.1. Acceptance of the goods is carried out by the buyer at the time of delivery.
9.3. When accepting the goods, the buyer is obliged to check the external integrity of the packaging, then open it and directly verify the proper external condition of the goods (absence of mechanical damage) and the completeness of its completeness.
9.4. In the absence of any comments on the quality and completeness of the goods, the buyer is obliged to accept the goods. The fact of receipt of the goods and the absence of any complaints about the quality and completeness of the goods delivered by the carrier company is confirmed by the buyer with his own signature on the consignment note, the carrier company's declaration, or on the expense invoice upon receipt of the goods.
If the goods do not comply with the terms of sale (data specified in the invoice), are incomplete or of poor quality, the consumer may refuse to accept such goods. This refusal is formalized in a document stating the reasons for the refusal.
9.5. The Seller provides the Buyer with a document certifying the fact of purchase, in paper or electronic form.
9.6. Instructions for caring for the product are contained on the label (tag) or on the product page on the website.
- Return and exchange of goods. Termination of the contract
10.1. The buyer has the right to return or exchange the received goods of proper quality for a similar one within 14 (fourteen) calendar days from the date of receipt of the goods, excluding the day of purchase, provided that all of the following conditions are met in total:
10.1.1. The goods have not been used, washed, or damaged, and their appearance, consumer properties, original tags and labels on the clothes, as well as a document certifying the fact of purchase of the goods, have been preserved. The goods must not have traces of deodorant or other stains.
10.1.2. The product is not included in the list of products specified in Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine “On Protection of Consumer Rights”” as not subject to exchange and/or return (for example, underwear, hosiery, etc.).
10.1.3. The product was purchased directly on the website. We do not accept returns or exchanges for products purchased in partner stores.
10.2. The buyer does not have the right to return or exchange underwear and hosiery of proper quality under any circumstances.
10.3. If at the time of exchange a similar product is not available for sale, the buyer has the right to either purchase any other products from the available range with an appropriate transfer of the cost, or terminate the contract and receive a refund in the amount of the cost of the returned product, or exchange the product for a similar one when the corresponding product first becomes available for sale.
10.4. The buyer or the seller have the right to terminate this agreement at any time before the goods are handed over to the delivery service in accordance with Section 8 of this agreement. In the event of termination of the agreement after the goods are handed over to the delivery service, the cost of the delivery service services shall be compensated by the buyer to the seller by deducting the cost of such services from the cost of the previously paid goods. The remaining amount shall be returned to the buyer to his account from which the payment for the goods was made.
10.5. The Buyer has the right to terminate this Agreement within 14 (fourteen) calendar days from the date of receipt of the goods, excluding the day of purchase, provided that all conditions stipulated in clauses 10.1.1. and 10.1.2. of this Agreement are simultaneously met.
10.6. Defects must be recorded by means of photography and/or video recording. Within 2 (two) days, the buyer is obliged to notify the seller of the detected defects and the intention to exchange or return the goods.
10.7. If the goods were sent to the buyer by a delivery service, then in the event of termination of the contract, such goods must also be returned by the delivery service.
10.8. In the event of termination of the contract and return of goods that have already been paid for by the buyer in a non-cash manner, the funds paid by him are returned by the seller within 7 (seven) days from the moment of return of the goods to the buyer's account from which payment for the goods was made.
10.9. The Seller is not responsible for orders returned by the Seller automatically without prior notification of the intention to return or exchange and the order number.
- Warranty obligations
11.1 The seller guarantees that the goods comply with state standards and/or technical conditions of Ukraine, which establish requirements for this type of goods.
11.2 Warranty period of 60 calendar days – for the entire range of goods if a significant defect is detected during this period. The warranty period of wearing (operation) begins to run from the date of transfer of the goods to the buyer. The goods are not seasonal.
If the warranty period expires, complaints regarding defects will not be considered.
11.3 The seller is liable for defects in the goods if the buyer proves that they arose before the goods were handed over to him or for reasons that existed before that moment.
11.4 The seller is not responsible for defects in the goods if they arise after their transfer to the buyer due to the buyer's violation of the rules of use (instructions for the care of the goods) or storage of the goods, actions of third parties or force majeure.
- Procedure for accepting a claim regarding a product
12.1. In the event of any claims regarding the purchased goods, the buyer has the right to contact the seller by sending an e-mail to the e-mail address posted on the website.
12.2. The term for considering claims is up to 10 (ten) business days from the date of receipt of the claim.
12.3. Defects and significant defects must be recorded by means of photography and/or video recording. For claims regarding significant defects of the goods that arose due to the fault of the manufacturer (seller) of the goods, or falsification of the goods, the buyer is obliged to provide an expert opinion.
12.4. After receipt of the goods by the buyer, claims regarding the appearance of the goods or their completeness are not accepted.
- Public offer validity period
13.1. The validity period of this public offer is set from 12/27/2024 to 12/29/2026.
13.2. This public offer may be withdrawn by the seller at any time, which is not a basis for terminating already concluded contracts.
13.3. The Seller has the right to unilaterally make changes to this Agreement and simultaneously post it on the website. Changes made to this Agreement do not apply to agreements concluded before posting such changes on the website.
- Responsibility of the parties
14.1. The parties are liable for failure to fulfill or improper fulfillment of the terms of this agreement in accordance with the procedure provided for by this agreement and the current legislation of Ukraine.
14.2. In the event of force majeure, the parties are exempt from fulfilling the terms of this agreement. Force majeure means events of an extraordinary, unavoidable, unpredictable nature that exclude or objectively prevent the performance of this agreement, the occurrence of which the parties could not foresee and prevent by reasonable measures.
14.3. The party invoking force majeure circumstances must notify the other party in advance of the occurrence of such circumstances.
14.4. To regulate contractual legal relations under the contract, the parties shall choose and, if necessary, apply Ukrainian legislation. If an international treaty, the binding consent of which has been granted by the Supreme Council of Ukraine, establishes rules other than those established by Ukrainian legislation, then the rules of the international treaty shall apply.
- Force majeure circumstances
15.1. The Parties shall not be liable for failure to perform any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are truly beyond the control of such party, occurred after the conclusion of this Agreement, and are unforeseen and unavoidable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this contract.
15.2. The party for whom it has become impossible to fulfill its obligations under this agreement due to the occurrence of force majeure circumstances must immediately inform the other party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other party with confirmation of the force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of the force majeure circumstances.
15.3. The time required by the parties to perform their obligations under this agreement will be extended by any period during which performance was postponed due to the listed circumstances.
15.4. If, due to force majeure, the failure to fulfill obligations under this agreement lasts more than three months, each party has the right to terminate this agreement unilaterally by notifying the other party in writing. Despite the occurrence of force majeure, before terminating this agreement due to force majeure, the parties shall make final mutual settlements.
Despite the occurrence of force majeure, before termination of this agreement due to force majeure, the parties shall make final mutual settlements.
- Other terms of the contract
16.1. The information provided by the buyer is confidential. Information about the buyer is used solely for the purpose of fulfilling his order (sending a message to the seller about the order of the goods, sending advertising messages, etc.).
16.2. By accepting the contract, the buyer voluntarily consents to the collection and processing of his personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about orders, sending advertising and special offers by telecommunications means (e-mail, mobile communication), information about promotions, raffles or any other information about the site's activities. Permission to process personal data is valid for the entire term of the contract.
For the purposes provided for in this clause, the buyer has the right to have letters, notifications and materials sent to the buyer's e-mail address.
16.3. The Buyer grants the right to process his personal data, including: placing personal data in databases (without additional notification), lifelong storage of data, their accumulation, updating, and modification (as necessary).
16.4. In case of unwillingness to receive the newsletter, the buyer has the right to contact the seller by writing a notice of refusal to receive advertising materials to the postal or e-mail address.
16.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.
Last modified: December 27, 2024
SELLER'S ADDRESS AND DETAILS:
Private entrepreneur Burkovska Maria Maksimivna
50006, DNIPROPETROVSK REGION, KRYVY RIH CITY, METALLURGICAL DISTRICT, STEPANA TILHY STREET, BUILDING 14, APARTMENT
Code : 3755009588
Single tax payer group 2
Account in the format according to the IBAN standard: UA253052990000026004015031999
Bank name: JSC CB "PrivatBank"
burkovskayamaria3@gmail.com
+38 096-825-73-57
